The High Court of Cassation and Justice has ruled that the failure to indicate the number of the case in which legal assistance was provided on the tax invoice submitted by the lawyer is equivalent to a failure to prove the legal costs.
A company operating in the agricultural sector requested the Timis Tribunal to order another company to pay damages for the loss caused by the interference with the right to use of a plot of land. In the alternative, it requested that another company be ordered to pay the same amount for the unlawful harvesting of the soybean crop. The Timiș Tribunal dismissed the plaintiff’s claim but admitted a counterclaim by the defendant affected by the subsidiary claim. The Court of Appeal subsequently dismissed the appeal and also the counterclaim. The High Court quashed the plaintiff’s higher appeal on the ground that it was not well founded.
In addition to the main question of law, the High Court’s decision is also relevant to the legal costs to which the successful party is entitled. Specifically, the court refused to award part of the legal costs because the tax invoice submitted did not specify the case for which legal assistance was granted. The High Court of Cassation and Justice concluded that the amount had not been proven in accordance with the legal requirements.
